Section 0940-04-04-.05 - QUALIFICATIONS OF A SURROGATE DECISION-MAKER(1) A surrogate decision-maker must be an adult whom the individual does not reject and must be one of the following adults in descending order of preference: (a) The individual's spouse;(b) The individual's adult child;(c) The individual's parent or stepparent;(d) The individual's adult sibling;(e) Any other adult relative of the individual; or(2) The surrogate decision-maker must:(a) Know about the individual's developmental disability and condition as it relates to the recommended service;(b) Be actively involved in the individual's life;(c) Be willing to make a decision for the individual on the routine medical, dental or mental health treatment;(d) Appear to be reasonably capable of making such a decision and likely to make it objectively in the individual's best interest; and(e) Appear to have no conflict of interest with the individual.Tenn. Comp. R. & Regs. 0940-04-04-.05
Original rule filed March 29, 2005; effective June 12, 2005.Authority: T.C.A. §§ 4-4-103, 33-1-302, 33-1-305, and 33-3-219 through 33-3-221.